Legal Advice Request Please

Mr-Kilner

I have received a letter from a Solicitors demanding an outstanding amount I owe for a service contract on my property. The amount I owe is £220 the amount the Solicitors are demanding is £420, this figure includes a whopping £115 admin fee and £85 legal fees. I have until 24th Sept to pay this otherwise it will go to court. (I don't have £400 just laying about I can dish out!!!)

I didnt act on the last statment I had from the company, however I have had no formal letter demanding the money, out-ling that failure to pay would result in imediate legal action.

I have in the passed slipped on payments and was sent a letter via recorded delivery. I promptly contacted the company and worked out a payment plan.

Unfortunately I have slipped again but the company has gone straight to Solicitors to re-coup the money.

Is this allowed? Surely they must give me a formal letter first that they can prove I have seen.

The address the solicitors have wrote to is incorrect, meaning previous letters could have gone missing in the post.

The amount of money I owe is for a service contract on the property and surrounding area where I live, all residents are expected to pay £60 a quarter for the upkeep, I have questioned the payments on a number of occasions as very little is seen for the amount I pay out. However my main issue at the minute is the legal action they are taken.

If anyone can please advise where I stand. Quite worried I am going to be forced to pay the full amount and I just don't have the funds.

Thanks in advance for any help -

Ivory_Tinkler

But judging from your previous posts you knew about this bill at the end of 2008 so surely you expected some sort of legal action if you didn't pay it?

Just out of interest, how did the letter you have just received reach you if the address was incorrect?

Mr-Kilner

I have made payments since 2008 and the company was happy I was making payments.

The address on the recent letter has an incorrect street name. number and postcode correct.

Ivory_Tinkler

I think that as long as the postcode and house number are correct, technically mail should reach you...BUT that of course, isn't guaranteed. Have you sought any legal advice yourself on this as I think you should get some assistance as soon as you can?

If you haven't paid a bill that they have sent then I would think that they are within their rights to use a solicitor to recoup the money but they do have to send you a letter before action (telling you that they will take you to court) which they appear to have done.

That said, I am no legal eagle so my advice is to seek advice as quick as you can.

Mr-Kilner

Thanks for the advice, I did start to make payments but then slipped...I know, my bad....... The payments are quarterly so trying to remember every 3 months....

I have to speak to solicitors Monday, but wanted some backup first.

Thanks again, anyone else out there that can help I would appreciate your views.

cleo1299

Presumably this is a leasehold property? If so, you can get advice from the Leasehold Advisory Service (http://www.lease-advice.org/)

Or try Shelter. 0808 800 4444 - free helpline 8am-8pm Mon-Fri, 8am-5pm Sun-Sat

Mr-Kilner

I own the property out right, however the shared car park, and front gardens fall under a management company for the upkeep.

cleo1299

Mr-Kilner wrote: »

I own the property out right, however the shared car park, and front gardens fall under a management company for the upkeep.

No worries about forfeiture of a lease then -- that's good. In that case the two agencies I mentioned are not relevant. Citizens Advice Bureau might be able to give you advice. Or the National Debt Helpline 0808 808 4000. There's a lot of information on their website about dealing with creditors. http://www.nationaldebtline.co.uk/england_wales/index.php